Jeopardy in legal terms refers to the risk or possibility of loss, harm, or adverse consequences. It often arises in the context of criminal law, where “double jeopardy” prohibits an individual from being prosecuted or punished twice for the same offence. This principle protects individuals from being subjected to multiple trials or punishments for the same conduct, ensuring fairness and preventing abuse by the legal system. Double jeopardy typically applies after a verdict or acquittal has been reached in a criminal trial, barring further prosecution for the same offence. Additionally, jeopardy may also refer to the risk or exposure to potential harm or loss in other legal contexts, such as civil litigation or administrative proceedings.
A source of danger; a possibility of incurring loss or misfortune
n. peril, particularly the danger of being charged with or convicted of a particular crime. The U.S. Constitution guarantees in the Fifth Amendment that no one can “be twice put in jeopardy of life or limb” for the same offence. Thus, once a person has been acquitted, he/she may not be charged again for that crime. However, if there was a mistrial, hung jury or reversal of conviction on appeal (but the defendant was not declared innocent in the ruling), the defendant may be charged with the crime again and tried again. In a few situations, a defendant is not in double jeopardy when being tried for a violation of a similar (but different) federal criminal (penal) statute based on some of the same circumstances as a state prosecution, such as violation of a murder victim’s civil rights, as was done in the case against the killer of civil rights leader Medgar Evers.
- Danger of loss, harm, or failure.
- To jeopardize; to endanger.
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This glossary post was last updated: 29th March, 2024.
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